Caselaw Updates

Caselaw Updates

Filed on
Tuesday, June 27, 2006
SUMMARY: “When proceeding solely under § 43-292(7),” which requires that the child has been in out-of-home placement for 15 of the most recent 22 months, “the appellate court must be particularly diligent in its de novo review of whether termination is in the best interests of the child.” The...Read more
Filed on
Tuesday, June 13, 2006
SUMMARY: A pending motion to transfer in the juvenile court cannot be appealed since there is no final order by which the parents can appeal. Faren H. was born on June 2, 2005. On June 7, 2005, the state filed a petition to adjudicate the child under 43-247(3)(a) and to terminate parental rights of...Read more
Filed on
Tuesday, May 30, 2006
SUMMARY: The Court of Appeals affirmed the trial court’s decision to follow the DHHS recommendation that the child be removed from his foster home and be placed with his maternal aunt. While the foster parents’ presented some evidence indicating that Brandon’s custody should not be changed” the...Read more
Filed on
Tuesday, May 30, 2006
SUMMARY: The Nebraska Court of Appeals found that termination of a mother’s parental rights was appropriate for four siblings in a second termination proceeding because although the State presented evidence from the time period before the first termination proceeding, they used such evidence in...Read more
Filed on
Tuesday, May 16, 2006
SUMMARY: In upholding an order terminating a father’s rights, the court took judicial notice of a Nebraska Supreme Court decision which made the father’s conviction, for second degree murder and child abuse resulting in the death of his daughter Diana, final.Thus, making up for an evidentiary...Read more
Filed on
Tuesday, May 2, 2006
SUMMARY: The argument that “voluntary relinquishment…is the opportunity to protect parental rights of afterborn children” is incompatible with the purpose and objectives of protecting children and ensuring the rights of all juveniles to care and protection contained within the Nebraska Juvenile...Read more
Filed on
Tuesday, May 2, 2006
SUMMARY: The argument that “voluntary relinquishment…is the opportunity to protect parental rights of afterborn children” is incompatible with the purpose and objectives of protecting children and ensuring the rights of all juveniles to care and protection contained within the Nebraska Juvenile...Read more
Filed on
Tuesday, April 11, 2006
SUMMARY: In examining the testimony of numerous medical experts disputing the explanations offered by the parents of their son’s multiple fractures, and given the rule that actual injury or physical harm is not required for the court to take protective steps, the Court of Appeals upheld a...Read more
Filed on
Tuesday, March 14, 2006
SUMAMRY: “In an action for adjudication of Indian children, it is necessary to plead facts under the ICWA.” In this case, the juvenile court committed error when it adjudicated the children under the original petition which did not contain the facts required by ICWA.Also, there was insufficient...Read more
Filed on
Tuesday, February 21, 2006
SUMMARY: “[T]he obligation which a parent owes to his or her children is not something which can be simply ‘phoned in’” and “[s]mall tokens of parental affection for a child are an inadequate substitute for parental presence in a child’s life.” The father appealed an order by the juvenile court...Read more
Filed on
Tuesday, February 14, 2006
SUMMARY: Unless the State seeks to terminate a parent’s rights under Neb. Rev. Stat. §43-292(5), the court is not required to appoint a guardian ad litem for the parent pursuant to Neb. Rev. Stat. §43-292.01. In this case, the State proved that termination was both necessary and in the child’s best...Read more
Filed on
Tuesday, January 31, 2006
SUMMARY: In cases where invalidation of previous court orders is sought due to a violation of the ICWA notice provision to the tribe, “it would be unreasonable to impose a time limitation of the § 1914 procedure upon the party claiming lack of notice.” However, this case did not involve a lack of...Read more
Filed on
Friday, January 13, 2006
SUMMARY: It is not a violation of due process to have a different burden of proof for the termination of the parental rights to an Indian child than the burden of proof required to terminate parental rights to a non-Indian child, because the “parents of non-Indian children are not similarly...Read more
Filed on
Friday, January 13, 2006
SUMMARY: Adjudication was proper in a case involving a father who knew about the juvenile court proceedings involving his son for nearly two years, but “failed to put himself in a position to safely assume the parental care, support or protection of” his son.Termination was appropriate since the...Read more
Filed on
Tuesday, June 7, 2005
SUMMARY: Termination of a father’s parental rights on the basis that he had abandoned the child for 6 months or more was in error where there was no evidence that the lack of contact was intentional and was directly attributable to the father’s lack of knowledge that he was the child’s father...Read more

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